模板澳大利亚软使用许可协议英文版

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1 PREAMBLE序言

This document regulates the relationship between any user of the above namedSoftware (the "User") and CMO Handheld Software Pty Ltd ACN 106 149 589( “CMO” ) . Please take the time to read the document carefully and direct anyqueries to CMO:

In the course of operating a data collection and information managementsoftware ("CMO COMPLIANCE") , CMO provides information, documents, images,software and products (collectively, the "Materials") and various services (the"Services") subject to the terms and conditions set forth in this document (the"Terms of Use") which constitutes an agreement between you and CMO. Byaccessing or using this Software, you agree to the Terms of Use. CMO reservesthe right to change the Terms of Use at its sole discretion. Your use of theSoftware is subject to the most current version of the Terms of Use posted onthe Software at the time of such use. These Terms of Use operate concurrentlywith any other valid agreement you may have with CMO and with other rules orguidelines that may be posted on the Software including without limitationrules or guidelines posted to regulate the use of a particular section, Serviceor Material. If you breach any of the Terms of Use, your authorization to usethis Software terminates and you must destroy any confidential materials."Valid Agreement" means an agreement made in writing signed by authorizedofficers of CMO and the other party expressly intended to bind CMO.

2 Acceptable Use of Software 软件使用须知

You must use the Software in a responsible manner and only for activitiesconnected with your participation in CMO COMPLIANCE or to evaluate your futureparticipation in CMO COMPLIANCE. You must not attempt to breach or circumventSoftware security ("Hacking") or use the Software in connection with anyHacking activities. In addition, you must not use the Software to:

• breach any law, third party rights or any applicable codes;

• send unsolicited or unwelcome electronic mail messages;

• mislead or deceive;

• post or transmit information that infringes the rights of a thirdparty, including the right of privacy or publicity;

• cause the spread of a virus or another harmful object;

• post or transmit junk mail, "spam" or "chain letters";

• collect or store personal data about others;

• promote in any way illegal or unwelcome activities; or

• undertake promotions or commercial activity not connected withyour participation in CMO COMPLIANCE

3 Registration

The Software is only available only to Registered Users. To become a RegisteredUser you must complete and submit a new user form, or registration must beundertaken on your behalf. Registered Users must be 18 years old unless an

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可编辑可修改欢迎下载exemption has been expressly authorized by CMO. If you are applying on behalfof an organization, you warrant that you have the authority to make theapplication and to bind the organization to these Terms of Use. By submittingthe new user form or by becoming registered in another manner, you additionallywarrant that you

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可编辑可修改欢迎下载are not excluded by an applicable law or code from becoming a Registered User.CMO reserves the right to accept or reject applications for registration. Onceyou have received a confirmation from CMO that contains your access details,and have paid all invoices for costs associated with the use of the Software,you are deemed a Registered User and may access the Software. It is theresponsibility of the Registered User to ensure their registration informationis accurate at all times. For hosted and dedicated installations, CMO reservesthe Right to Audit CMO COMPLIANCE either physically or remotely to ensure thatthe Software is only being used by Registered Users.

4 Username and password 用户名和登录口令

Registered Users are responsible for the confidentiality of usernames andpasswords. Registered Users are also responsible for all uses of their account,whether authorized or not and must notify CMO immediately upon becoming awareof any breach of confidentiality concerning a username or password or of anyother unauthorized use of a Registered User' s account by contacting CMOimmediately by:

5 Registered User Use 注册用户使用软件

Registered Users may only use the Software in connection with theirparticipation in CMO COMPLIANCE. Unless otherwise provided, no rights grantedto Registered Users are transferable or assignable. Registered Users recognizethat although the Software facilitates certain transactions, CMO is not a partyto these transactions or the agent of any Registered User and Registered Usersagree to waive to the maximum extent possible any and all rights they may haveagainst CMO arising out of any transaction Registered Users enter into with athird party through the Software.

Registered Users must not alter, reverse disassemble, decompile or reverseengineer, or directly or indirectly allow or cause a third party to alter,disassemble, decompile or reverse engineer the whole or any part of CMOCOMPLIANCE or Applications.

6 Monitoring Registered User use 对用户使用情况的监测

In order to effectively operate CMO COMPLIANCE CMO may be required to monitorand record Registered User use. All information collected will be regulated byCMO' s Privacy Policy. Registered Users authorize CMO to collect, store and usesuch information and waive any right of action in connection with thecollection, storage and use of such information by CMO or an authorizedassociate of CMO as long as the information is dealt with in accordance withCMO' s Privacy Policy

7 Submitted Information 提交信息

Certain areas of the Software require or are able to accept documents,information and data ("Submissions") from Users.

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8 License Governing Submissions 用户提交使用申请

Users delivering Submissions to the Software grant CMO a license to use theSubmissions in certain ways. The nature of the license varies with the type ofSubmission. There are two categories of submissions.

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For Submissions including project-planning documents, documents intended onlyfor the internal use of the Registered User, documents the property of theRegistered User and the like, the Registered User or User grants CMO free ofcharge a worldwide, non-exclusive license to:

• reproduce

• modify the format of

• storesuch Submissions only for purposes in connection with CMO' s operation andcommercial management of the Software.

For Submissions such as complaints, advice, suggestions, notification of breachof these Terms of Use and the like, Registered Users grant CMO an unrestrictedlicense.

9 Registered User Obligations and Warranties with respect toSubmissions

注册用户的义务与承诺

Registered Users must ensure that they have appropriate ownership over anySubmissions before delivery to the Software. CMO is not obliged to screenSubmissions and Registered Users are entirely responsible for the content ofthe submissions including without limitation the accuracy, usefulness orcompleteness of the Submission and CMO makes no warranties thereto. RegisteredUsers warrant that Submissions will not contain anything that violates anyapplicable laws, rules, codes or these Terms of Use.

10 Indemnity for Submissions 用户对公司的保障

Registered Users fully indemnify CMO against any claims brought against CMOin connection with a Submission or use of the Software, Services or Materialsincluding but not limited to infringement of intellectual property rights, thedelivery, non-delivery or late delivery thereof or the inaccuracy orincompleteness of a Submission.

11 Limited License to Software Materials and Information 对软件材料和信息的限制性授权

The Materials that comprise this Software are protected by copyright and otherapplicable laws. Unless expressly provided herein or by Valid Agreement, norights to any of the materials are transferred under this agreement. This meansyou may only use the Materials as stipulated in the Terms of Use or in a ValidAgreement. Unless expressly provided, you must not reproduce or modify anysection of this Software or anything contained on the Software or modifyanything that you obtain from the Software.

12 Software 软件

All software and accompanying documentation that is made available for thisSoftware are the property of CMO and/or its licensors or suppliers or of other

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可编辑可修改欢迎下载third parties. Unless otherwise provided, only Registered Users may downloadsoftware. Except for the generic software offered for download on the Software,which may be used in accordance with the relevant end user agreement, you mayuse the downloaded software only for activities directly connected to yourparticipation in CMO COMPLIANCE. You may not decompile, reverse engineer, orotherwise attempt to discover the code of any of the software available fromthis Software except by Valid Agreement. You must not download or use anysoftware from this Software unless you agree to any additional terms of usethat may apply, such as particular terms posted elsewhere on this

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Software or any applicable end user agreement.

13 Software Information 软件信息内容

This provision extends only to materials generated or posted by CMO or itsauthorized agents and sub-contractors and excludes Submissions (information,data and material submitted by Registered Users) , which are regulated by theprovision License Governing Submissions above. Unless otherwise indicatedelsewhere on this Software, you may view, download, reference and print thedocuments and information available on this Software subject to the followingconditions:

The documents and information may be used solely for personal, informational,and internal purposes in connection with your participation in CMO COMPLIANCEor to evaluate your participation in CMO COMPLIANCE

• Unless expressly permitted, the documents and information may notbe modified or altered in any way

• Unless expressly permitted, the documents and information on theSoftware may not be distributed

• You may not remove any copyright, trademark or other proprietarynotices contained in the documents and information

• CMO reserves the right to revoke the authorization to view,download, and print the documents and information available on this Software atany time, and

• The rights granted to you constitute a limited license and not atransfer of title.

You agree not to use any means to circumvent security measures CMO puts inplace to restrict access to certain parts of the Software.

14 New Software Versions 软件的版本

CMO, in its sole discretion, reserves the right to add additional features orfunctions, or to provide programming fixes, updates and upgrades, to theSoftware. CMO, in its sole discretion, may modify or discontinue or suspendyour ability to use features or functions of any version of the Software unlessotherwise specified, and/or disable any Software you may already have accessedor installed without any notice to you, for the repair, improvement, and/orupgrade of the underlying technology or for any other justifiable reason, CMOwill not accept any liability in relation to the direct or indirect damagescaused by the release and/or the absence of release of new versions of the CMOSoftware.

15 Costs 用户支付的费用

Registered Users agree to pay all costs associated with the use of the Software.Other Registered Users may agree to pay on behalf of other Registered Users insome circumstances, however this does not waive each Registered User' sliability to CMO in the event of non-payment by this party.

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Registered Users are responsible for the costs incurred when ordering anyprints from reprographics house or third-parties.

Note if a client is using the Fax or SMS Reminder functionality, Fax and SMSwill be billed at standard carrier rates from month to month. Depending uponvolume, CMO may decide to bill certain clients annually, quarterly or monthlyfor the provision of SMS services.

The addition of Users and Auditees may incur additional licensing costs, andCMO reserves the

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可编辑可修改欢迎下载right to bill clients annually, quarterly or monthly for any increase in thenumber of Users or Auditees. If a Registered User is subject to a charge perAuditee, and if no audits are performed on an Auditee during the period of 1year, the costs for such an Auditee may be waived by CMO.

If clients require CMO COMPLIANCE to be customised for their needs, additionalcosts may apply. Note it is assumed that all intellectual property rights incustomisations delivered will be owned by CMO unless specified otherwise.Please contact CMO for further information.

If clients require additional support outside their Support Allowance (see 20Support Allowance below) , additional costs may be incurred as agreed betweenthe parties.

For more information on costs, please contact your Account Manager or CMOHandheld Software oninfo@cmohandheldsoftware.com

16 Links 用户链接其他网站

The Softwares may contain links to other Web Sites ("Linked Sites") that arenot under the control of CMO. CMO is not responsible for the contents of anyLinked Site. CMO is not responsible for any form of transmission received fromany Linked Site. CMO is providing these links to you merely as a convenienceand the inclusion of any link does not imply endorsement by CMO of the Softwareor any association with its operators nor guarantee of the accuracy of contentof such Linked Site.

17 Notification of Infringement of Rights 通报侵权情况

Users should notify CMO immediately of any breach of these Terms of Use orinfringement of intellectual property rights as a result of material availableon the Software. Users should notify by email to info@cmohandheldsoftware.com.18 General Warranty and Disclaimer 一般性保证和免责声明

While CMO has made efforts to ensure the Software is free from errors, it ispossible that the Software could contain errors, inaccuracies and omissions. Itis also possible that, from time to time, the Software will be temporarilyinaccessible. However, unless otherwise provided by Valid Agreement, CMOsupplies the Software, Services, Links and Materials "as is" and makes nowarranties of any kind implied or express except as required by law. To themaximum extent permitted by law, CMO excludes all liability for any loss ordamage suffered in connection with the use of the Software. If any lawprohibits the exclusion of such liability, CMO limits its liability, to theextent possible, to the re-supply of the service or the relevant information orpaying for the service or relevant information to be re-supplied or repaired.19 Software Maintenance 软件维护

From time to time, CMO may be required to undertake maintenance on the Softwarethat may result in the loss of access to some or all areas and functionality of

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